The Law of Ukraine
On Security Service of Ukraine
Date of Entry into Force:
May 13, 1992
The Law of Ukraine “On Security Service of Ukraine” (hereinafter - the Law) determines that Security Service of Ukraine is a state law-enforcement special purpose body which ensures state security of Ukraine, subordinates to the President of Ukraine and is under control of the Verkhovna Rada of Ukraine.
Security Service of Ukraine within the limits of determined by the legislation authorities shall protect state sovereignty, constitutional system, territorial integrity, economic, scientific technical and defense potential of Ukraine, state legal interests and citizens' rights from intelligence disruptive activity of foreign special services, encroachment of separate organizations, groups and persons as well as ensure state secret protection.
Ukrainian Security Service shall operate on the basis of adherence to man's rights and freedoms. Bodies and security men of Ukrainian Security Service shall respect person's dignity and show humane attitude to him/her, shall not allow disclosure of information about people's personal life. In exceptional cases some rights and freedoms may be temporary limited in the procedure and frameworks determined by the Ukrainian Constitution and laws with the purpose of stopping and uncovering state crimes.
Use of Ukrainian Security Service in party, group or personal interests shall not be permitted. Activity of parties, movements and other social unions that have political purposes shall be prohibited in the Security Service of Ukraine.
The system of Ukrainian Security Service consists of Central administration of Ukrainian Security Service, subordinate to it regional bodies, Security Service of Republic of Crimea, bodies of military counterespionage, military units as well as educational, scientific and technical and other institutions of Ukrainian Security Service. Organizational structure of Ukrainian Security Service is determined by the President of Ukraine.
Financing, material technical and social everyday provision of Ukrainian Security Service shall be carried out by the Cabinet of Ministers of Ukraine in the procedure determined by the Verkhovna Rada of Ukraine at the expense of Ukrainian state budget funds. Bodies of local state administration and local self-government shall assist Security Service of Ukraine, its bodies and subdivisions in solution of accommodation and other social everyday problems, transport and communication provision.
Staff of Ukrainian Security Service shall be formed by employees who concluded labor contract with Ukrainian Security Service as well as military personnel performing service for a fixed period. To bodies of Ukrainian Security Service on competitive, voluntary and contractual basis shall be taken Ukrainian citizens able to perform official duties effectively by business and moral traits, educational level and health condition. Criteria of professional aptitude, in particular legal proficiency, shall be determined by the qualification normative documents approved by the Head of Ukrainian Security Service.
According to its main tasks Ukrainian Security Service shall:
- carry out intelligence activity in compliance with the law;
- uncover, stop and disclosure the crimes which investigation is referred by the legislation to Ukrainian Security Service competence; perform inquiry and investigation on these cases; search the persons who hide due to accomplishment of the above crimes;
- ensure protection of Ukrainian state sovereignty, constitutional system and territorial integrity from illegal encroachment of separate persons and their unions;
- prevent crimes in the sphere of state security in accordance with the legislation;
- participate in elaboration and carrying out measures concerning physical defense of nuclear plants, materials, waste, other sources of ionizing radiation as well as in conducting control over admission to basic works etc.
In order to fulfill imposed on them duties Security Service of Ukraine, its service and staff shall have right to:
- enter the territory and official premises of enterprises and organizations in the procedure agreed with their administration, headquarters of military units;
- conduct open and secret measures in the procedure set by the Law of Ukraine “On Operational Investigation Activity”;
- co-operate with Ukrainian citizens and other persons also on contractual basis adhering therein to voluntary and confidential conditions of these relations;
- for the sake of intelligence service, counterespionage and operational investigation activity create informational systems and keep operational record in amount and procedure determined by the tasks imposed on the Ukrainian Security Service by this Law;
- according to the current legislation give arms to the persons under protection in case of danger to their life and health as well as special means of individual protection and inform them about danger, etc.
Permanent control over activity of Ukrainian Security Service, its adherence to the legislation shall be carried out by the Commission of Verkhovna Rada of Ukraine on defense and state security issues. Ukrainian Security Service in the procedure set by the legislation shall answer the inquiries of permanent and temporary commissions of the Verkhovna Rada and Ukrainian people's deputies.
Also permanent control over adherence to the citizen's constitutional rights and legislation in the process of operational investigation activity and activity in the sphere of protection of state secret by bodies and departments of the Ukrainian Security Service as well as control over correspondence of issued by the Ukrainian Security Service provisions, orders, directives, instructions and directions to the Constitution and Ukrainian laws shall be performed by the officials who are specially appointed thereto by the President of Ukraine. Authorities of these officials and legal guarantees of their activities shall be determined by the Provision ratified by the President of Ukraine. Administrative and economic activity of Ukrainian Security Service shall be controlled in the procedure determined by the President of Ukraine.